Distributive Justice
INTRODUCTION
Distributive justice is concerned with the fair allocation of resources among diverse members of a community. Fair allocation typically takes into account the total amount of goods to be distributed, the distributing procedure, and the pattern of distribution that result.
The concept of social justice was initiated by Dr. Ambedkar was the first man in history to successfully lead a tirade of securing social to the vast sections of Indian humanity, with the help of a law. Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Social Justice is the foundation stone of Indian Constitution. Under Indian Constitution the use of social justice is accepted in wider sense which includes social and economic justice both. “In this sense distributive justice holds the aims of equal opportunity to every citizen in the matter of social & economical activities and to prevent inequalities”. Article 38 requires that the state should make an effort to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice social, economic and political shall inform all the institutions of national life. Article 39 clause (a) says that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular provide free legal aid, by suitable legislation or schemes, or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
The role of the Legislative body and the Judiciary has been of a great importance regarding the concept of Distributive Justice. There has been much legislation made in order to make the
Distributive justice is concerned with the fair allocation of resources among diverse members of a community. Fair allocation typically takes into account the total amount of goods to be distributed, the distributing procedure, and the pattern of distribution that result.
The concept of social justice was initiated by Dr. Ambedkar was the first man in history to successfully lead a tirade of securing social to the vast sections of Indian humanity, with the help of a law. Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Social Justice is the foundation stone of Indian Constitution. Under Indian Constitution the use of social justice is accepted in wider sense which includes social and economic justice both. “In this sense distributive justice holds the aims of equal opportunity to every citizen in the matter of social & economical activities and to prevent inequalities”. Article 38 requires that the state should make an effort to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice social, economic and political shall inform all the institutions of national life. Article 39 clause (a) says that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular provide free legal aid, by suitable legislation or schemes, or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
The role of the Legislative body and the Judiciary has been of a great importance regarding the concept of Distributive Justice. There has been much legislation made in order to make the
Bibliography: BARE ACT * The Constitution of India, 1950 BOOKS * Rawls, John, A Theory of Justice, Universal Law Publishing Company Private Limited, 2011 * Koul, Avtar Krishen, A Textbook of Jurisprudence, Satyam Law International, 2009. * Myneni, S.R., Constitutional Law, Asia Law House, (1st ed.), Vol. I and II, 2011 * Jain, M.P., Indian Constitutional Law (With Constitutional Documents), (6th ed.), Lexis Nexis Butterworths Wadhwa, 2010